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H1B with Pending COS

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  • H1B with Pending COS

    Hello

    I was on H1B for about 6 months with the expiration date of 5/31/2016. I applied for a COS to H4 before the expiration date and the case is now pending.

    The same employer gave me an offer letter with a start date of September 1st.

    Here is my question: Can the employer apply for H1 now that my change of status to H4 is pending? (I guess I am considered out of status now). Or do they have to wait until my COS is approved?

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